Andrew Moret v. State of Oregon, et al
| ANDREW GUY MORET |
| STATE OF OREGON, OSH, CINDY B., MELISSA SCHREPEL, JEFF, Tree 3 Unit Director, CHIEF OF NURSING, at OSH, ERIC, Tree 3, MAILA CARLOS, OREGON DEPT OF ADMINISTRATIVE SERVICES-RISK MANAGEMENT, KATE BROWN, MARTHA WATTERS, THERESA KIDD, JAMES EGAN, CHANNING BENNETT, ELLEN ROSENBLUM and OREGON SUPREME COURT |
| 22-35037 |
| January 13, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Prisoner-Civil Rights |
Docket Report
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This docket was last retrieved on March 11, 2022. A more recent docket listing may be available from PACER.
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| Filing 11 Filed original and 0 copies of Appellant Andrew Guy Moret opening brief of 17 pages (Informal: No). Served on 03/07/2022. (Briefing remains stayed) [12392733] (LA) [Entered: 03/11/2022 01:40 PM] |
| Filing 10 Filed clerk order (Deputy Clerk: MF): A review of the district courts docket reflects that the district court has denied appellant leave to proceed on appeal in forma pauperis, finding that there is no ground for difference of opinion as to the decisions appellant seeks to appeal. This court may dismiss a case at any time, if the court determines the case is frivolous. See 28 U.S.C. 1915(e)(2). Within 35 days after the date of this order, appellant must: (1) file a motion to dismiss this appeal, see Fed. R. App. P. 42(b), or (2) file a statement explaining why the appeal is not frivolous and should go forward. If appellant does not respond to this order, the Clerk will dismiss this appeal for failure to prosecute, without further notice. See 9th Cir. R. 42-1. If appellant files a motion to dismiss the appeal, the Clerk will dismiss this appeal, pursuant to Federal Rule of Appellate Procedure 42(b). If appellant submits any response to this order other than a motion to dismiss the appeal, the court may dismiss this appeal as frivolous, without further notice. If the court dismisses the appeal as frivolous, this appeal may be counted as a strike under 28 U.S.C. 1915(g). If appellant files a statement that the appeal should go forward, appellees may file a response within 10 days after service of appellants statement. The briefing schedule for this appeal is stayed. The Clerk shall serve on appellant: (1) a form motion to voluntarily dismiss the appeal, and (2) a form statement that the appeal should go forward. Appellant may use the enclosed forms for any motion to dismiss the appeal or statement that the appeal should go forward. [12392030] (CKP) [Entered: 03/10/2022 03:42 PM] |
| Filing 9 Filed Appellant Andrew Guy Moret motion to proceed In Forma Pauperis. Deficiencies: None. [12384146] (RR) [Entered: 03/02/2022 10:57 AM] |
| Filing 8 Sent Appellant a copy of the docket sheet and the FRAP and Ninth Circuit rules and the docket sheet for appeal number 21-35424 as well as DE numbers 35, 36 and 37 in response to the Form 29 request filed on 01/31/2022. [12359806] (JR) [Entered: 02/03/2022 10:12 AM] |
| Filing 7 Filed Appellant Andrew Guy Moret response to order to show cause. [12357974] (RR) [Entered: 02/01/2022 04:27 PM] |
| Filing 6 Filed Appellant Andrew Guy Moret letter dated 01/31/2022 re: notice and question. Paper filing deficiency: None. [12357412] (RR) [Entered: 02/01/2022 12:20 PM] |
| Filing 5 Attorney Vanessa A. Nordyke in 22-35037 substituted by Attorney Denise Gale Fjordbeck in 22-35037 [12347487] (RR) [Entered: 01/21/2022 01:24 PM] |
| Filing 4 Filed clerk order (Deputy Clerk: JW): The appeal filed January 11, 2022 is a preliminary injunction appeal. Accordingly, Ninth Circuit Rule 3-3 shall apply. The briefing schedule shall be established as follows: appellants opening brief is due February 18, 2022; appellees answering brief is due March 18, 2022; and appellants optional reply brief is due within 21 days after service of the answering brief. The appeal and any motions pending at the time briefing is completed shall be referred to the next available motions panel for disposition. A review of this courts docket reflects that the filing and docketing fees for this appeal remain due. Within 21 days after the date of this order, appellant shall pay to the district court the $505.00 filing and docketing fees for this appeal and file in this court proof of such payment or file in this court a motion to proceed in forma pauperis. Failure to pay the fees or file a motion to proceed in forma pauperis shall result in the automatic dismissal of the appeal by the Clerk for failure to prosecute. See 9th Cir. R. 42-1. The Clerk shall serve a Form 4 financial affidavit on appellant. The filing of a motion to proceed in forma pauperis will automatically stay the briefing schedule under Ninth Circuit Rule 27-11. If appellant fails to comply with this order, the appeal will be dismissed automatically by the Clerk under Ninth Circuit Rule 42-1. No streamlined extensions of time will be approved. See 9th Cir. R. 31-2.2(a)(3). Any request for an extension of time to file a brief must be made by written motion under Ninth Circuit Rule 31-2.2(b). Failure to file timely the opening brief shall result in the automatic dismissal of this appeal by the Clerk for failure to prosecute. See 9th Cir. R. 42-1. [12347485] (CKP) [Entered: 01/21/2022 01:23 PM] |
| Filing 3 Filed (ECF) notice of appearance of Denise G. Fjordbeck (Oregon Department of Justice - Appellate Division, 1162 Court Street NE, Salem, Oregon 97301) for Appellees Cindy B., Channing Bennett, Kate Brown, Maila Carlos, Chief of Nursing, James Egan, Eric, Jeff, Theresa Kidd, Oregon Dept of Administrative Services-Risk Management, Oregon Supreme Court, OSH, Ellen Rosenblum, Melissa Schrepel, State of Oregon and Martha Watters. Substitution for Attorney Vanessa A. Nordyke, Esquire for Appellees Cindy B., Channing Bennett, Kate Brown, Maila Carlos, Chief of Nursing, James Egan, Eric, Jeff, Theresa Kidd, Oregon Dept of Administrative Services-Risk Management, Oregon Supreme Court, OSH, Ellen Rosenblum, Melissa Schrepel, State of Oregon and Martha Watters. Date of service: 01/21/2022. (Party was previously proceeding with counsel.) [12347313] [22-35037] (Fjordbeck, Denise) [Entered: 01/21/2022 11:58 AM] |
| Filing 2 Fee status changed ( [Case Number 22-35037: Due] ). [12347307] (JW) [Entered: 01/21/2022 11:56 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Andrew Guy Moret opening brief due 03/14/2022. Appellees Cindy B., Channing Bennett, Kate Brown, Maila Carlos, Chief of Nursing, James Egan, Eric, Jeff, Theresa Kidd, OSH, Oregon Dept of Administrative Services-Risk Management, Oregon Supreme Court, Ellen Rosenblum, Melissa Schrepel, State of Oregon and Martha Watters answering brief due 04/11/2022. Appellant's optional reply brief is due 21 days after service of the answering brief. [12340229] (JMR) [Entered: 01/13/2022 01:28 PM] |
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